A sharp slice of what matters in Scottish law

Police Scotland has faced scrutiny after it emerged that a data breach involving the sharing of a rape survivor's phone contents with her alleged attacker was among more than 4,700 incidents deemed not serious enough to report to the Information Commissioner's Office (ICO) since 2019. The force was fined £66,000 by the watchdog over the 2022 breach, which involved unencrypted data being disclosed to multiple parties, although internal assessments initially concluded it did not meet the threshold for mandatory reporting. Freedom of Information data shows that only 16 incidents have been reported to the ICO over the same period, despite thousands being recorded and assessed internally. Police Scotland said it has "robust processes" in place to manage data incidents, while the case has prompted wider concern about transparency and oversight in handling sensitive personal information.

 

STV News

 

The UK Government is considering a class-action scheme that may increase litigation risks for businesses. The Law Commission, backed by the Ministry of Justice, plans to explore the benefits and risks of allowing consumers to collectively sue businesses, which could cost companies billions. Currently, opt-out models are limited to competition cases, but the new regime could extend to general consumer rights. Emily Cox from Pinsent Masons commented: "This is the clearest sign yet that the Government is at least philosophically drawn to expand the opt-out regime beyond competition law." The Institute of Economic Affairs warned in September that a surge in class action cases could cost the UK up to £18bn.

 

City AM

 

Stuart Holloway, a former relationship manager at the Royal Bank of Scotland's Global Restructuring Group, has been sentenced to 21 months in prison for accepting nearly £275,000 in bribes. Between 2012 and 2016, he solicited payments from distressed clients to reduce their financial obligations to the bank. Sheriff Charles Walls stated that while gambling addiction contributed to Holloway's actions, it did not excuse them. RBS condemned Holloway's actions as "totally unacceptable".

 

The Times

A man has admitted offences linked to the largest seizure of counterfeit goods ever recorded in Scotland. Ian Jones, 65, pleaded guilty at Hamilton Sheriff Court to 15 charges under the Trade Marks Act 1994 after authorities uncovered around 20 tonnes of fake luxury clothing and accessories across sites in Glasgow and Lanarkshire, with an estimated brand value exceeding £11m. The haul, recovered from storage facilities in Ibrox, Bellshill and East Kilbride, followed a multi-agency investigation and will now be recycled. Jones is due to be sentenced on 24 June.

 

STV News

Nearly 60,000 UK businesses are pursuing £1.7bn in compensation from Microsoft for alleged overcharging related to Windows Server on rival cloud services. The Competition Appeal Tribunal ruled on April 21 that the collective action can proceed to trial, granting a Collective Proceedings Order (CPO) on an opt-out basis. Maria Luisa Stasi, a digital markets regulation expert, represents the claimants and stated: "Today's ruling is an important moment for the thousands of organisations impacted by Microsoft's conduct." Microsoft plans to appeal the tribunal's decision, disputing the allegations.

 

London Evening Standard

UK car-loan providers urged the Court of Appeal on Wednesday to block mass lawsuits over alleged mis-selling, fearing it could undermine a £9.1bn compensation scheme for motorists. The move comes after lawyers for group Consumer Choice notified the FCA that they are challenging redress scheme as inadequate.

 

Financial Times

The Guardian

The UK Government is implementing stricter export controls to prevent goods from reaching Russia through third countries. Firms will now require a licence to export to nations suspected of facilitating such shipments. Trade minister Chris Bryant announced the measures following concerns raised by Liam Byrne MP regarding exports of machinery linked to military production. Bryant stated that the new licensing system aims to prevent the diversion of goods and strengthen the sanctions regime against Russia.

 

The Guardian

UN experts have said the continued detention of Scottish activist Jagtar Singh Johal in India amounts to "psychological torture" and called for his immediate release. Johal, arrested in 2017, has spent eight years in custody despite being acquitted in one case and continues to face further charges, which the UN says lack justification. The experts described the case as a "profound miscarriage of justice" and warned that prolonged uncertainty can constitute a form of torture under international law. His family and legal representatives have urged the UK Government to intensify efforts to secure his release, while India maintains that due process is being followed.

 

BBC News

The Scotsman

Sullivan & Cromwell has apologised for errors in a court filing related to the Prince Group case. Andrew Dietderich, co-head of the firm's global restructuring group, acknowledged that inaccuracies stemmed from artificial intelligence misapplications. Boies Schiller Flexner discovered the mistakes, which included misquoting the US bankruptcy code. "We deeply regret that this has occurred," Dietderich stated. Although S&C has policies for AI use, they were not followed, leading to the inaccuracies. A corrected filing has since been submitted to the court.

 

The Guardian

Officials overseeing the upcoming Holyrood elections have raised concerns that delayed vote counting could fuel conspiracy theories about potential tampering. Plans to count ballots the morning after polling day mean boxes will be stored overnight, prompting extra security measures and efforts to reassure the public. Authorities are also taking steps to address fears around issues such as “family voting,” despite previous allegations being dismissed. Officials and the Electoral Commission have emphasised that safeguards are in place and are encouraging voters to report any concerns to maintain confidence in the electoral process.

 

The Times